Dhanilal Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20937 of 2015 Arising Out of PS.Case No. -1095 Year- 2013 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN(MOTIHARI) ======================================================

1. Dhanilal Sah. Son of Akal Sah. Resident of Village - Ijara Tola, Bhitbherawa, P.S.- Sangrampur, District - East Champaran. .... .... Petitioner

Versus

1. The State of Bihar.

2. Pansunar Devi. Wife of Laldhar Sah. Resident of Village - Ijra Tola, Bhitbherawa, P.S.- Sangrampur, District - East Champaran. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Umesh Chandra Verma For the Opposite Parties : Mr. Dr.Rabindra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-06-2015 Heard learned counsels for the petitioner and the State.

Petitioner is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken under Sections 147, 148, 149, 323, 341, 354, 380, 452, 504/34 of the Indian Penal Code and Section 3⁄4 of the Prevention of Witch Practices Act. The prosecution case is that the accused persons entered into the house of the complainant and assaulted her since accused had apprehension that the complainant practices witch craft and took away the bags containing cash of Rs. 5000/- and ornaments of Rs. 15,000/-. It is submitted by learned counsel for the petitioner that complainant is the agnate of the petitioner and

Patna High Court Cr.Misc. No.20937 of 2015 (2) dt.24-06-2015 2/2 the accusation is omnibus and general against all the accused persons. Moreover no injury has been caused to the complainant and in the background of serious land dispute the accusation has been levelled.

A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Motihari, East Champaran in connection with Complaint Case No. 1095 of 2013, Trial No. 6107 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T